Florida Statutes
Part I - Assisted Living Facilities (Ss. 429.01-429.55)
429.075 - Limited mental health license.


(1) To obtain a limited mental health license, a facility must hold a standard license as an assisted living facility, must not have any current uncorrected violations, and must ensure that, within 6 months after receiving a limited mental health license, the facility administrator and the staff of the facility who are in direct contact with mental health residents must complete training of no less than 6 hours related to their duties. This designation may be made at the time of initial licensure or relicensure or upon request in writing by a licensee under this part and part II of chapter 408. Notification of approval or denial of such request shall be made in accordance with this part, part II of chapter 408, and applicable rules. This training must be provided by or approved by the Department of Children and Families.
(2) A facility that is licensed to provide services to mental health residents must provide appropriate supervision and staffing to provide for the health, safety, and welfare of such residents.
(3) A facility that has a limited mental health license must:
(a) Have a copy of each mental health resident’s community living support plan and the cooperative agreement with the mental health care services provider or provide written evidence that a request for the community living support plan and the cooperative agreement was sent to the Medicaid managed care plan or managing entity under contract with the Department of Children and Families within 72 hours after admission. The support plan and the agreement may be combined.
(b) Have documentation provided by the department that each mental health resident has been assessed and determined to be able to live in the community in an assisted living facility that has a limited mental health license or provide written evidence that a request for documentation was sent to the department within 72 hours after admission.
(c) Make the community living support plan available for inspection by the resident, the resident’s legal guardian or health care surrogate, and other individuals who have a lawful basis for reviewing this document.
(d) Assist the mental health resident in carrying out the activities identified in the resident’s community living support plan.

(4) A facility that has a limited mental health license may enter into a cooperative agreement with a private mental health provider. For purposes of the limited mental health license, the private mental health provider may act as the case manager.
History.—s. 3, ch. 95-418; s. 37, ch. 96-169; s. 4, ch. 97-82; s. 66, ch. 97-100; s. 4, ch. 98-80; s. 2, ch. 2006-197; s. 140, ch. 2007-230; s. 244, ch. 2014-19; s. 7, ch. 2015-126.
Note.—Former s. 400.4075.

Structure Florida Statutes

Florida Statutes

Title XXX - Social Welfare

Chapter 429 - Assisted Care Communities

Part I - Assisted Living Facilities (Ss. 429.01-429.55)

429.01 - Short title; purpose.

429.02 - Definitions.

429.04 - Facilities to be licensed; exemptions.

429.07 - License required; fee.

429.075 - Limited mental health license.

429.08 - Unlicensed facilities; referral of person for residency to unlicensed facility; penalties.

429.11 - Initial application for license.

429.12 - Sale or transfer of ownership of a facility.

429.14 - Administrative penalties.

429.17 - Expiration of license; renewal; conditional license.

429.174 - Background screening.

429.176 - Notice of change of administrator.

429.177 - Patients with Alzheimer’s disease or other related disorders; certain disclosures.

429.178 - Special care for persons with Alzheimer’s disease or other related disorders.

429.18 - Disposition of fees and administrative fines.

429.19 - Violations; imposition of administrative fines; grounds.

429.195 - Rebates prohibited; penalties.

429.20 - Certain solicitation prohibited; third-party supplementation.

429.22 - Receivership proceedings.

429.23 - Internal risk management and quality assurance program; adverse incidents and reporting requirements.

429.24 - Contracts.

429.255 - Use of personnel; emergency care.

429.256 - Assistance with self-administration of medication and with other tasks.

429.26 - Appropriateness of placements; examinations of residents.

429.27 - Property and personal affairs of residents.

429.275 - Business practice; personnel records; liability insurance.

429.28 - Resident bill of rights.

429.29 - Civil actions to enforce rights.

429.293 - Presuit notice; investigation; notification of violation of residents’ rights or alleged negligence; claims evaluation procedure; informal discovery; review; settlement offer; mediation.

429.294 - Availability of facility records for investigation of resident’s rights violations and defenses; penalty.

429.295 - Certain provisions not applicable to actions under this part.

429.296 - Statute of limitations.

429.297 - Punitive damages; pleading; burden of proof.

429.298 - Punitive damages; limitation.

429.31 - Closing of facility; notice; penalty.

429.34 - Right of entry and inspection.

429.35 - Maintenance of records; reports.

429.41 - Rules establishing standards.

429.42 - Pharmacy and dietary services.

429.435 - Uniform firesafety standards.

429.44 - Construction and renovation; requirements.

429.445 - Compliance with local zoning requirements.

429.47 - Prohibited acts; penalties for violation.

429.49 - Resident records; penalties for alteration.

429.52 - Staff training and educational requirements.

429.53 - Consultation by the agency.

429.54 - Collection of information; local subsidy.

429.55 - Consumer information website.